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Home My WebLink About93-072 - Whitney Bros - Owner's Agreement Surface Water Easement• OWNER'S AGREEMENT THIS AGREEMENT is made and entered into on -.2' 7Z SEPI 3 1992, between the CITY OF TUKWILA, a Washington municipal corporation (hereinafter referred to as "City"), and WHITNEY BROS. (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, the Owner is the successor in interest of certain real properties generally described as Lots 1 and 2 which are legally CT described in Exhibits A and B, and hereinafter referred to as "the Property", and Cr) CD h ") WHEREAS, the Owner is carrying out the short plat of his Property, and the Owner anticipates in the future it may carry out new construction or substantial remodeling and/or connections to the new storm drainage connections to the existing interceptor line in South 158th, and WHEREAS, the development will be in the vicinity of a Comprehensive Surface Water. Management System as defined in the Nelsen [Nelson] Place/Longacres Way Basin Storm Drainage System Preliminary Design Report prepared for the City by Kramer, Chin and Mayo (June, 1988), and WHITNEY BROS. OWNER'S AGREEMENT - PAGE 1 WHEREAS, the development will require additional public storm drainage systems to accommodate development flows and correct deficiencies in the existing drainage system serving this basin. NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. RESPONSIBILITIES OF THE OWNER 1.1 Future Storm Drainage LID or ULID. Owner acknowledges what future development of these sub -divided properties allowed by LC Nthis short plat will have a cumulative impact on the storm drainage —4acilities in the area of the Property. The Owner acknowledges Rurther that its Property would be specially benefited by improvements to the storm drainage facilities. The Owner agrees not to protest the formation of any Local Improvement District (LID) or Utility Local Improvement District (ULID) which is formed, in accordance with the Nelsen [Nelson] Place/Longacres Way Basin Storm Drainage System Preliminary Design Report by RCM (June, 1988), for the purpose of storm drainage improvements. Owner agrees that the storm drainage facilities identified in this report benefit the Property, and hereby waives the right to protest the formation of any such LID or ULID; provided, that the Owner retains the right to contest the method of calculating assessments and the amount thereof to be levied against the Property. WHITNEY BROS. OWNER'S AGREEMENT - PAGE 2 1.2 Development/Redevelopment using Interim Storm Drainage System or Connecting into Interim Storm Drainage System in South 158th Constructed by Embassy Suites. As a condition of development Embassy Suites provided the South 158th storm drain interceptor line from Nelsen Place (Embassy Suites) to the Burlington Northern Railroad tracks. As set forth in the Embassy Suites Developer's Agreement and Latecomer's Agreement, Owner agrees that the storm drainage line constructed by Embassy Suites Developer will directly benefit this Property. Pursuant to Chapter 35.91 RCW, Owner agrees to reimburse Embassy tiSuites via the City as provided in the Embassy Suites Developer's N-- Agreement, Exhibit C, hereto for the purposes of ratably reimbursing C.) CD the Embassy Suites Developer. This will be accomplished by assessing Cy , the owners of real property located within the benefited area who have not contributed to the original cost of the interceptor, constructed by the Embassy Suites Development, in accordance with the schedule within the attached Latecomer's Agreement, Exhibit D. Exhibit D identifies the specific cost to the Owner's Property of $6,846.18. Also, as part of this sub -division, the prorated share will be divided based on square footage into proportionate shares as follows: Lot "1" $ 4,956.04 Lot "2" = $ 1,890.14 Each owner will reimburse Embassy Suites via the City of Tukwila for their separate activities. WHITNEY BROS. OWNER'S AGREEMENT - PAGE 3 2. RESPONSIBILITIES OF CITY 2.1 The City agrees to pay Embassy Suites all said sums collected within 60 calendar days after the receipt thereof, less reasonable cost for administering the Embassy Suites Agreement, until the total of said payments equals the cost of constructing the facility less the Embassy Suites Developer's prorated share or when fifteen (15) years from the date of this Agreement has elapsed, whichever occurs first. 2.2 Surface Water Management System. City shall exercise best efforts to proceed with the development, design, engineering and construction of a surface water management system generally described as the RCM Study (June, 1988), which will ultimately be incorporated ti within an LID or ULID specially benefiting the subject Property. E"_) 3. TIME LIMITATION The first date the application(s) are received by the City for a Building Permit and/or Storm Drain Permit, shall be the date used for purposes of this Agreement. The Owner's obligation to contribute to Embassy Suites interceptor, identified in Section 1.2 of this Agreement, shall be in effect for fifteen (15) years from execution date of this Agreement. 4. NON -WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. WHITNEY BROS. OWNER'S AGREEMENT - PAGE 4 5. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. 6. RECORDING This Agreement shall be recorded with the King County Department of Records and Elections, and the cost of said recording shall be paid by the City. 7. ATTORNEY FEES In the event that either party shall commence litigation Cr. against the other in order to enforce any term or condition of this N-- Agreement, the prevailing party in such litigation shall be entitled Cr") to recover its costs, including reasonable attorney fees. CY" ) 0) 8. EFFECTIVE DATE The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the project. No obligation will arise until the issuance of such approvals. Except as set forth in this section, this Agreement shall become null and void if the short plat is abandoned by the Owner or if a completed development application is not filed by AP/2.Q. /E ,193. CITY OF T_ ILA OWN ice//4L - WHITNEY BROS. OWNER'S AGREEMENT - PAGE 5 By ATTEST/AUTHENTI TED: Its x �- elA/L, (ii.fine E. Cantu, City Clerk By Its APPROVED AS TO FORM OFFICE OF /THE CITY ATTORNEY: icpvetz_ CT: STATE OF WASHINGTON ) ss ti E COUNTY OF RING CD I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this OWNER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses -and purposes mentioned in this instrument. DATED: / ,19 Notary Public n and for the State of Washington, residing at 2/.G199;-3/' My Commission Expires /�-- C% --, WHITNEY BROS. OWNER'S AGREEMENT - PAGE 6 STATE OF 14' I5(PAil HN ) ss COUNTY OF of -6 ) I certify that there appeared before me a person that I know or have satisfactory evidence was /Cd.SS g UJf//T "-y who signed this OWNER'S AGREEMENT, on oath stated he is authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED %)1 m 3 72 3 ,19 CTD (0 ti ti C) amc:9:whitney Notary Public he State of Washington, residing at v�24711 /fL'9ti c in an for t My Commission Expires %/ / 9S WHITNEY BROS. OWNER'S AGREEMENT - PAGE 7 EXHIBIT "A" LEGAL DESCRIPTION LOT 1, AFTER THE SHORT SUBDIVISION The South eighty (80) feet, measured along a line parallel to the North line of South 158th Street, of the following: A parcel of land lying within the Henry Mader D.L.C. Number 46, in Section 24, Township 23 North, Range 4 East, W.M., City of Tukwila King County, Washington, described as follows: Beginning at the SW corner of said section 24; thence S 87° 48' 34" E along the South line of the SW corridor of said section, 1,110.88 feet to the monumented center line of state road 2-M (West Valley Road); thence N 07° 42 ' 44" W along said center 0 line 587.30 feet; thence N 87° 08' 00" E along the monumented LLD center line of South 158th Street 519.25 feet to the Easterly _.._ margin of the Puget Sound Power and Light Company right of way; thence Cr")N 01° 21' 41" W along said right of way 18.08 feet to point "A", and the point of beginning of said portion; thence N 87° 15' 22" Cr-) E along the Northerly margin of said South 158th Street, 127.95 CCT) feet to Westerly margin of the Chicago, Milwaukee and St. Paul Railroad right of way, thence N 03° 34' 46" E along said margin, 273.59 feet; thence S 87° 15' 22" W 152.17 feet to said Puget Sound Power and Light Company right of way; thence Southerly, along the Easterly margin of said right of -way 272.00 feet, more or'less, to the. point of beginning. SUBJECT TO an easement for ingress, egress and utilities, over, across and under a portion of said Henry Meder's D.L.C. Number 46, and government Lot 8 of said section 24; described as follows': Beginning at the aforementioned point "A"; thence N 87° 15' 22" E 27.97 feet; thence N 01° 22' 20" W 352.00 feet; thence N 08° 22' 19" W 265.00 feet; thence N 23° 36' 31" W 140.00 feet; thence S 66°.23' 29" W'37.57 feet to the Northeasterly margin of said Puget Sound Power and Light Company right of way; thence Southerly along said margin 743.02 feet to the true point of beginning. L I -7• 1 - j= r- tr) LC a) N 87 00- ,-- 5 a ,5.— ; th S S 87 48' 34" E • 1110.88.: SW. CORNER OF SEC. 24-23-4 Land Surveyor's Certificate: "0 ( 33MnVM-71/V ODV31H • This Short Plat correctly represents a survey made by me or under my direction in conformance with the requirements of ap- propriate State statute and has been properly staked. -2" Joh0/17 Date:. Certificate No. 7. • 4. 4 •:-/ Map on File in Vault Direction: Sc al e: -.7r7ii ,7..s• i,C. )1!:\pc?4\ ki /..7 •-. ,, v • e -::,:z4) 5524 1, -- *0.c7p. Stamp: /() EXHIBIT "B" LEGAL DESCRIPTION LOT 2, AFTER THE SHORT SUBDIVISION A parcel of land lying within the Henry Meder D.L.C. Number 46, in Section 24, Township 23 North, Range 4 East, W.M., City of Tukwila, King County, Washington, described as follows: Beginning at the SW corner of said section 24; thence S 87° 48' 34" E along the South line of the SW corridor of said section, 1,110.88feet to t1ie monumented-center-line of- srate-roa-d-2--M (West Valley Road); thence N 07° 42 ' 44" W along said center line 587.30 feet; thence N 87° 08' 00" E along the monumented center line of South 158th Street 519.25 feet to the Easterly LO margin of 'the Puget Sound Power and Light Company right of way; �'- thence N 01° 21' 41" W along said right of way 18.08 feet to point "A", and the point of beginning of•said portion; thence N 87° 15' 22" Cr)E along the Northerly margin of said South 158th Street, 127.95 feet to Westerly margin of the Chicago, Milwaukee and St. Paul Gr' Railroad right of way, thence N 03° 34' 46" E along said margin, 273.59 feet; thence S 87° 15' 22" W 152.17 feet to said Puget Sound .Power and.Light Company right of way; thence Southerly, along the Easterly margin of said right of way 272.00 feet, more or less, to the point of beginning. Less the South eighty (80) feet, measured along a line parallel to the North line of South 158th Street, of the following: SUBJECT TO an easement for ingress, egress and utilities, over, • across and under a portion of said Henry Meder's D.L.C. Number 46, and government Lot 8 of said section 24; described as follows: Beginning at the aforementioned point "A"; thence N 87° 15' 22" E 27.97 feet; thence N 01° 22' 20" W 352.00 feet; thence N 08° 22' 19" W 265.00 feet; thence N 23° 36' 31" W 140.00 feet; thence S 66° 23' 29" W 37.57 feet to the Northeasterly margin of said Puget Sound Power and Light Company right of way;, thence Southerly along said margin 743.02 feet to the true point of beginning. r. �. �-�--� •�� 1 r)) \ is .J CJS co 33;/AVA/i `7rw 09VV SHO N 87'�Q' 00" of ,-_-"5jo�.25 i S. \b18t1 S1• . S 87' 48' 34" E 1110.88' SW. CORNER OF SEC, 24-23-4 Land Surveyor's Certificate: This Short Plat correctly represen esu Nvy,;;n a t'll'' ► me or under my direction inconformaev0ththerequt t ap- propriate State statute and has be`n,pracIperlyistat d Name: Date• J°40/1 - Certificate o%io/1 Certificate No. Map on File in Vault Direction: Scale: • Stamp: f;„� ri tt, ( • r� 5524 �- 1 2-